Terms of Use & Privacy Policy

TERMS OF USE

Welcome to Trilithic, Inc.’s ("Trilithic") website www.triltihic.com (the "Site"). By using the Site, you agree to be bound by the following terms and agree that you are responsible for compliance with any applicable laws and regulations (hereinafter referred to as "Terms of Use"). In addition, you agree to indemnify us, against any and all claims by third parties arising out of your use of the Site in violation of the Terms of Use. If you do not agree to these Terms of Use, do not access or use this Site. Please note that we reserve the right to block users from specific IP addresses or a range of IP addresses from accessing the Site, in our sole discretion. The Terms of Use may be updated by us from time to time by posting such changes on the Site. You can review the most current version of the Terms of Use at any time at the Site.

Limited License

You should assume that everything that you read or see on the Site is copyrighted or otherwise protected and owned by us or some third party who licensed to us the right to use such material. Unless otherwise expressly noted, nothing that you read or see on the Site may be copied or used except as provided in these Terms of Use or with our prior written approval.

Unless otherwise expressly noted, we grant you permission to print, download, upload and store pages from the Site (including, but not limited to, manuals and firmware images), for your own personal, non-commercial use in learning about, evaluating and using our products and services. Except as expressly set forth herein, no other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter or modify these materials. This grant of permission is not a transfer of title, and under this permission you may not: use the materials for any commercial purpose, or for any public display (commercial or non-commercial); remove any copyright, or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server.

Submissions

If you submit any information to us, including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, or other information (excluding Personal Information (as defined in our Privacy Policy)), you are giving that information, and all your rights in it, to us free of charge, and that information will be treated as non-confidential and non-proprietary and may be used by us for any purpose, without your consent or any compensation to you or anyone else. This is true whether you submit such information to us by e-mail, through a form on the Site, on a bulletin board, message board, blog or in any other manner. Please do not submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law.

User Registration

To obtain full access to the Site, you may be required to complete a registration. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you. You will ensure that all use of your account fully complies with these Terms of Use. Transfer of the account by you to any other person or entity is prohibited.

Trademarks, Trade Names, and Service Marks

Unless otherwise indicated, all logos, names, and marks on the Site are trademarks or service marks owned or used under license by Trilithic. We may grant a limited, non-exclusive license to certain vendors, distributors and representatives to use our logos and marks in connection with our products and services. All such use of the logos and marks shall be in accordance with Trilithic’s use standards and all associated and acquired goodwill in the logos and marks belongs to Trilithic. The unauthorized use or misuse of any of these marks or other information is strictly prohibited.

Use of Software/Firmware Downloaded From the Site

Any software or firmware that is made available to download from the Site ("Software/Firmware") is the copyrighted work of Trilithic unless otherwise specified and is protected from unauthorized copying, use or modification by the laws of the United States of America. Use of the Software/Firmware is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software/Firmware ("License Agreement"). If a License Agreement accompanies or is included with the Software/Firmware, no end user will be able to use or install such Software/Firmware unless it, he or she first agrees to the License Agreement. Each License Agreement will be made available electronically or otherwise in advance to the end user for his or her review and either acceptance or rejection. The Software/Firmware is made available for downloading solely for use by end users according to the License Agreement. Any use, reproduction, redistribution or modification of Software/Firmware outside the scope of or not in accordance with the License Agreement is expressly prohibited.

WITHOUT LIMITING THE FOREGOING, PARTICULARLY ANY LICENSE AGREEMENT, MODIFICATION OF THE SOFTWARE/FIRMWARE, OR THE COPYING OR REPRODUCTION OF THE SOFTWARE/FIRMWARE TO ANY OTHER SERVER OR LOCATION, FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

THE SOFTWARE/FIRMWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS EXPRESSLY SET FORTH IN THE LICENSE AGREEMENT, TRILITHIC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE/FIRMWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Linked Internet Sites

The Site may provide links and pointers to Internet sites maintained by others ("Third Party Sites"). We have not reviewed all of the Third Party Sites linked to the Site and are not responsible for the content of or any products or services offered on such Third Party Sites. These Terms of Use apply only to the Site, and not to the Third Party Sites. We do not endorse or take responsibility for the content, advertising, products or other materials made available through any Third Party Site. Permission must be granted by us for any type of link to the Site.

Right of Modification and Termination

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of this Site. Additionally, we may terminate this agreement at any time, without notice to you, if we believe, in our sole discretion, that you have breached or may breach any term or condition of this agreement, or we may terminate this agreement for our convenience. You may terminate this agreement at any time by destroying all materials received from our Site and ceasing to use our Site.

Privacy Policy

Our Privacy Policy describes the information we collect when you and others use this Site. It also describes how we use the personally identifiable information you provide and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your information in accordance with our Privacy Policy. Please review our full Privacy Policy below.

Disclaimer and Limitation of Liability

ALL MATERIAL ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRILITHIC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THIS SITE, OR ON ANY SITE OR SITES "LINKED" TO THIS SITE. TRILITHIC DOESN'T MAKE ANY WARRANTY THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL TRILITHIC OR ITS AFFILIATES, LICENSORS, SUPPLIERS, CONTRACTORS, DISTRIBUTORS OR THEIR RESPECTIVE EMPLOYEES HAVE ANY LIABILITY TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR INABILITY TO USE THE SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR SERVICES OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS OR CONTRACTORS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.

Jurisdiction and Venue

This Site is controlled and operated from within the United States of America. We make no representation that the material on the Site is appropriate or available for use in other locations. If despite these conditions, you use the Site from outside the United States, you are solely responsible for compliance with any applicable local laws. The Terms of Use shall be governed by the laws of the State of Indiana without giving effect to any choice or conflict of law or rule (whether of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana, provided, however, that disputes concerning patent, federal trademark, or federal copyright matters shall be governed by federal law. You consent to jurisdiction in the State of Indiana. Our failure to strictly enforce any right against you shall not constitute a waiver thereof. If any provision of these Terms of Use is deemed invalid, illegal, or unenforceable such provision will be deemed amended to conform to the applicable laws and the remainder of the Terms of Use shall remain in full force and effect. This represents the full understanding of the parties with respect to this subject matter. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you against us arising out of or related to your use of the Site must be filed within one (1) year after such claim or cause of action arose.

Contact

Any questions may be directed to us: by e-mail at privacy@trilithic.com, or write to us at: Trilithic, Inc., Attention: Jeffrey Hale, President, 9710 Park Davis Drive, Indianapolis, Indiana 46235.

PRIVACY POLICY

Effective

This Privacy Policy was last modified on January 27, 2014.

Information Practices

Trilithic, Inc. ("Trilithic") understands that security and privacy are important issues for visitors to our website www.trilithic.com (the "Site"). We maintain the following standards to help protect information collected online that personally identifies you. We may modify this Privacy Policy (the "Policy") at any time and, accordingly, we urge you to frequently review the Policy. We will always apply the Policy under which your information was collected, unless we obtain your prior consent.

Collection of Information

You may be asked to voluntarily provide your name, address, phone number, facsimile number, e-mail address, business name, title, industry and/or other personally identifiable information ("Personal Information") to have access to features of the Site. By using the Site and allowing us to access your Personal Information, you consent to our use of such information as described in this Policy. You may always refuse to provide your Personal Information, and this may lead to our inability to provide you with certain services.

Collection of Automated Information

We or our business partners may also collect information that is collected automatically, such as your IP number (a number used to identify your computer on the Internet) or the type of browser you are using, through the use of cookies or by other means ("Automated Information"). We hope that, by using Automated Information, we can update the Site to make it more useful to you and other users. We reserve the right to maintain, update, disclose or otherwise use Automated Information and aggregate data (which does not personally identify you), without limitation.

Use of Information

Except as set forth in this Policy, we will not sell or rent your Personal Information to third parties for their marketing purposes without first giving you a chance to opt-out.

We use Personal Information for the following purposes: to administer your account; to administer and improve the Site and related services; to allow use of, or participation in, the Site and our services; to notify you of events or about our products (including product upgrades), services, promotional events or special offers that maybe of interest to you; to match you up with a regional sales or customer service representative when you request a price quote or support, to provide Internet security; and to meet legal requirements.

Personal Information may be shared with our employees, affiliated companies, and authorized representatives and distributors for the purposes set forth above.

We may work with other businesses that may perform certain functions on our behalf, including, but not limited to, managing data, verifying information or hosting the Site. These business partners will be bound by terms of confidentiality and have access to your Personal Information only to the extent necessary to perform their specific functions and may not use it for any other purpose.

If Trilithic is involved in the sale of any portion of its business assets, Personal Information or Automated Information may be among the transferred assets.

Other than for the specific purposes set forth in this Policy, we will not disclose your Personal Information unless we obtain your prior consent or are legally required to do so.

E-mail Communications

We may send e-mail communications to you regarding notifications related to our Site and services, as well as promotional e-mail messages. If you send an e-mail to us, you are communicating with us electronically. You thereby consent to receive communications from us electronically; however, please note that e-mail communications are not necessarily secure and confidential. For instance, it is possible that information transmitted to us via e-mail may be read or obtained by other parties. In an attempt to protect your privacy, our e-mail responses do not include personal account information. We recommend that you do not include such information in e-mail communications directed to us. We may communicate with you by postal mail, e-mail or by posting notices on the Site. All agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Privacy of Children

We encourage parents and guardians to be aware of and participate in their children's online activities. We do not knowingly collect, use or disclose Personal Information from any child under the age of 13.

Retention

We retain Personal Information for as long as the information is relevant to our business purposes or until you request that we remove the data by contacting us at privacy@trilithic.com, or write to us at: Trilithic, Inc., Attention: Jeffrey Hale, President, 9710 Park Davis Drive, Indianapolis, Indiana 46235.

Your Opportunity to Opt-out of E-mail Advertising

In the event you do not wish to receive promotional e-mail from us, please follow the opt-out process contained in any e-mail message you receive from us.

Cookies

When you visit the Site, we or a third party service provider may store or recognize some information on your computer in the form of a "cookie" or similar file that can help us in many ways. Any Personal Information that may be collected through the use of a cookie is subject to this Privacy Policy. For example, cookies allow us to tailor the Site to better match your interests and preferences and to assist in filing out various forms on the Site. With most Internet browsers or other software, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. Please refer to your browser instructions to learn more about these functions. If you reject cookies, functionality of the Site may be limited, and you may not be able to take advantage of many of the Site's features.

Links

The Site may contain links to other sites on the Internet that are owned and operated by third parties ("Third Party Sites"). We are not responsible for the collection or use of your Personal or Automated Information at any Third Party Sites. Therefore, Trilithic disclaims any liability for any third party's use of your Personal or Anonymous Information obtained through using a Third Party Site.

Security

We have policies and procedures in place to protect the privacy and confidentiality of your Personal Information that we collect and maintain. All Personal Information is stored on secured servers in the United States, behind a firewall at a data center with access to data strictly controlled. Access to your Personal Information is restricted to those employees or business partners who need to know that information as part of their job, to service your account or to provide products and services to you. Data protection laws in the United States may not be the same as those in other jurisdictions. If we transfer personally identifiable information outside of your jurisdiction, we will take steps to continue to protect your privacy. Any unauthorized use of the Site may result in criminal and/or civil prosecution.

Contacting Trilithic or Modifying Your Person al Information

If you have any questions or comments about this Policy or wish to update your Personal Information provided to us, please contact us by e-mail at privacy@trilithic.com, or write to us at: Trilithic, Inc., Attention: Jeffrey Hale, President, 9710 Park Davis Drive, Indianapolis, Indiana 46235.